United States v. Babbitt
Supreme Court of the United States
. Appeal from, the Court of Claims. Lawrence S. Babbitt reported at the Military Academy at West Point as a candidate for admission, June 11,1857, and was admitted as a conditional cadet on tbe first day of the following month. He received his warrant as a cadet, Feb. 6,1858. He was graduated from that institution July 1, 1861, and commissioned a second lieutenant of artillery June 21 of that year. Helias served continuously in the army ever since.
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. Appeal from, the Court of Claims. Lawrence S. Babbitt reported at the Military Academy at West Point as a candidate for admission, June 11,1857, and was admitted as a conditional cadet on tbe first day of the following month. He received his warrant as a cadet, Feb. 6,1858. He was graduated from that institution July 1, 1861, and commissioned a second lieutenant of artillery June 21 of that year. Helias served continuously in the army ever since. The accounting officers, in computing his longevity pay, held that his period of service commenced from the date of his commission as such second…
1Opinion of the Court
Me. Chiev Justice Waite
delivered the opinion of the court.
The question presented to the court below on the trial of this case was, whether in the computation of longevity pay for an officer of the army of the United States, under the provisions .of sect.- 7 of the act of June 18, 1878, c. 268 (20 Stat. 145), his period of service as a cadet at West Point was to be taken into account. The court decided it was not, and an elaborate opinion to that effect was filed ; but the record shows that, after the decision was announced, a proforma judgment was rendered, with the consent of the…
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